Injured or by some one in his behalf; but if from physical or

mental incapacity it is impossible for the person injured to give

the notice within the time provided in said section, he may give

the same within ten days after such incapacity is removed, and

In case of his death without having given the notice and without

having been for ten days at any time after his injury of sufficient

capacity to give the notice, his executor or administrator may

give such notice within sixty days after his appointment. But

no notice given under the provisions of this section shall be

deemed to be invalid or insufficient solely by reason of any inac-

curacy in stating the time, place or cause of the injury : provided,

It is shown that there was no intention to mislead, and that the

party entitled to notice was not in fact misled thereby.^

В§ 4. Whenever an employer enters into a contract, either writ-

ten or verbal, with an independent contractor to do part of such

employer's work or whenever such contractor enters into a con-

tract with a sub-contractor to do all or any part of tlie work com-

prised in such contractor's contract with the employer, such

contract or sub-contract shall not bar the liability of the employer

for injuries to the employees of such contractor or sub-contractor,

by reason of any defect in the condition of the ways, works, ma-

chinery, or plant, if they are the property of the employer, or

furnished by him, and if such defect arose, or had not been dis-

"^ As amended and re-enacted by St. 1900, c. 446.

384 Appendix.

covered or remedied, through the negligence of the employer, or

of some person intrusted by him with the duty of seeing that

they were in proper condition.

В§ 5. An employee or his legal representatives shall not be en-

titled under this Act to any right of compensation or remedy

against his employer in any case where such employee knew of

the defect or negligence wliich caused the injury, and failed

within a reasonable time to give, or cause to be given, informa-

tion thereof to the employer, or to some person superior to him-

self in the service of the employer, who had intrusted to him

some general superintendence.

В§ 0, Any employer who shall have contributed to an insurance

fund created and maintained for the mutual purpose of indem-

nifying an employee for personal injuries for which compensa-

tion may be recovered under this Act, or to any relief society

formed under chapter two hundred and forty-four of the Acts of

the year eighteen hundred and eighty-two, as authorized by chap-

ter one hundred and twenty-five of the Acts of the year eighteen

hundred and eighty-six, may prove, in mitigation of the damages

recoverable by an employee under this Act, such proportion of

the pecuniary benefit which has been received by such employee

from any such fund or society, on account of such contribution

of said employer, as the contribution of such employer to such

fund or society bears to the whole contribution thereto.

В§ 7. This Act shall not apply to injuries caused to domestic

servants or farm laborers by other fellow-employees, and shall

take effect on the first day of September, eighteen hundred and

eighty-seven.